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HomeMy Public PortalAbout1994-11-15 Regular MeetingZUO 5. ordinances Second Reacting/Putlic Hearing__ None 6. Ordinance - First Reading: The Ordinance was read. by title, by Mayor Spiegel authorizing the transfer of funds within the General Fund Budget. Mr. Gross explained in the past, at year end, the Council has authorized the transfer when monies are needed from one department to another. Mayor Spiegel explained the transfer is for S-.100 to be transferred from Fund Balance to department 521 Police. A motion was offered by Councilman Boggess and seconded by Councilman Hirsch' to enact this Ordinance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: councilman Boggess aye: Councilman Hirsch' aye: Counci'man Taplin ace; this becoming ORDINANCE NO. 399 AN EMERGENCY ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA TRANSFERRING FUNDS RETROACTIVELY WITHIN THE GENERAL, FUND BUDGET FOR FISCAL YEAR 1993-1994. Resolutions: None S. American Riviera Art Fair International - Request Permission for the Placement of Signs: Howard Miller President of the firm Howard Miller Communication, introduced Maurice Pitchon and Laura Rosa of The American Rivera Art Fair International, who are his clients. He then proceeded to give a background on Arafi 94. The fair will represent forty five galleries from around the world. with over twenty participating countries. He further explained they have asked for no financia: support from the Village, but have included Bat Harbour Village in all of their international public relations and advertising. He continued to explain the fair will open on November 24th and close on November 28th. Mr. Miller explained they will customize flags that can be hung off of the light posts. The flags will recognize and welcome all the people coming internationally to Arafi 94. He further explained the flags will be taken down right after the fair ends. Councilman Taplin questioned where will the flags be placed. Mr. Miller replied the flags would be hung wherever the Village would allow. He further explained they would like to place the flag; on Collins Avenue and on 96th Street. Councilman Boggess questioned the design of the flag. Mr. Miller replied they will use the art work that has been used for the fair. He then proceeded to dispiay a copy of this art work to the Council. Regular Council Meeting 11/15/94 3 207 Assistant Mayor Blank questioned the number of flags that are being considered. Mr. Miller replied whatever the Village would allow. Mayor Spiegel stated no flags are placed on 96th Street at this time. The only places that flags are placed are on Collins Atenue and in Founders Circle. She further stated the Village will issue a Proclamation that can be placed on an easel in the hotel. She then requested literature should be given to the Village's Administrative Assistant, and she will take care of the Proclamation. She continued to explain, if the Council agrees to the placement of the flags, you would have to meet with the Village Manager to discuss sizes and the number flags. Councilman Taplin questioned who would install the flags. Mr. Miller replied they would incur the expense of installation and removal. Councilman Taplin then proceeded to question if the art would be for sale. Mr. Miller replied yes. Mayor Spiegel questioned if the fair will be open to the public. Mr. Miller replied yes, but there will he an admission charge of $7.00 for adults, and $3.50 for senior citizens and students. Assistant Mayor Blank stated he believes this affair will compliment Bal Harbour Village and Bal Harbour will compliment the Arifi affair. He would therefore be in favor of the installation of the flags. Mr. Gross stated that the Village would need a deposit for the removal of the flags. as well as insurance policy of one million dollars. Mayor Spiegel again reminded Mr. Miller once the Council approves the placement of the flags. it would be necessary to meet with Mr. Gross to review all the details. A motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to approve the placement of the banners. Discussion followed. Mr. Weiss advised the motion should include the following, for the time period for placement on November 19th and removed November 29th, to be placed on lightposts on Collins Avenue and 96th Street, subject to insurance as required by the Village Manager. removal deposit of $500 to be refundable, the design and attachment mechanisms subject to the approval of the Manager. The motion carried as amended. with the items as outlined by Mr. Weiss. with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirsch' aye: Councilma❑ Taplin Aye. 9. Report on Phase Two Collins Avenue Project - William O'Leary: Mr. O'Leary proceeded to explain the plans for phase two of the proposed Collins Avenue project. He displayed artistic renderings of the proposed new look for Collins Avenue. He then proceeded to explain several alternative plans. which included the following: planting of 147 Madjool date palms with Regular Council Meeting 11/15/94 208 uplighting: new street lighting: new trasn receptacle~: new benches and new bus shelters. He explained he had contacted the manufacture of the existing bus shelters and the cost to refurbish was very close to the cost of purchasing new bus shelters. He further explained this project must be permitted by the Department of Transportation. He continued to explain that the Department of Transportation now requires a four foot setback on the street lights. If the existing street lights arc not moved they would issue the permit for this as maintenance. He then proceeded to explain the base costs and the different costs involved for the alternatives. which are as follows: .Alternative .1 Base costs I5". Contingency Total Alternative B Base costs 15% Contingency Total Alternative C Base costs 15% Contingency Total $3.-9 .993.00 1.376.600.00 776.189.40 55.950.785.40 $ 262.431.00 1.3-6.600.00 345.8.9.15 $1.884.920.15 $ 353.901.00 1.373.600.00 304 575.15 52,335.0-6.15 Mr. O'Leary stated Alternate A and Alternate C is very expensive, therefore. Alternate B would be the most feasible. Mr. Gross explained he had requested Mr. O'Leary for the cost of just planting the trees. which is 51.527,000 including a contingency of $200.000. Councilman Hirschl explained at the Resort Tax Committee meeting the question arose if the Village really need to light the palms. assuming new street lights and new pedestrian lighting would be installed. He further explained the Committee approved the concept. but not the specific details. Mr. O'Leary stated the biggest impact of Collins Avenue occurs at night. Therefore. the final effect would not be what is desired unless the palms are illuminated. He then proceeded to explain the below grade lights that would be used to illuminate the palms. Councilman Taplin stated in his opinio❑ the costs should be reviewed. He then proceeded to question the costs on the replacement of the bus shelters. Mr. O'Leary explained the cost for refurbishing the bus shelters is $139.000.00 versus the replacement cost of 5150.000.00. Councilman Taplin questioned the reason for new light posts. Mr. O'Leary explained the existing light posts have three different rixtures. Councilman Taplin Regular Council Meeting 11/15/94 4 ZOLI stated he feels a workshop meeting should be held to discuss different items and costs. Councilman Boggess stated he is concerned about the grates in the. middle of the sidewalks. Mr. u'Leary explained there would be a little jog, the reason being this was the only place to plant the palms. Mayor Spiegel questioned the cost for mobiiization. Mr. O'Leary explained all contractors includes a mobilization number in theii bid. The costs involves gathering all his materials and equipment together on site. Councilman Boggess stated he is in favor of the project. but the question is should these funds be spent at this time. He continued to explain the issues that must be addressed are: how much money is there to work with, and how should the monies be allocated. Such as. beach erosion. Collins Avenue Project. Councilman Hirschl explained at the Resort Tax Committee meeting Mr. Gross showed a video. entitled Beachsaver Reef. Mr. Gross is looking into the possibility of this company coming to Florida. to look into a pilot program. It was the consensus of the Council to have a workshop meeting on Tuesday. December Gth at 4:00 p.m. to discuss phase two of the Collins Avenue Project. as well as viewing the Beachsaver Reef video. Assistant Mayor Blank questioned the amount of Resort Tax Funds received each year. Mr. Walker, finance director, replied 1 to 1.5 million. The Council directed Mr. Walker to have the most current figures possible for the workshop meeting. 10. Greenstone Roberts Advertising/Florida - Advertising Service Agreement: Mr. Gross explained at the October Resort Tax Committee meeting, the Committee voted unanimously to continue the contract with Greenstone Roberts Advertising. He further explained in reviewing the contract in our file. he founu it had expired in December 1993. He continued to explain the major change, in the new contract, is a clause that would allow the Village to cancel immediately if the personnel of the firm change. He then proceeded to explain financially the cost is the same at 57.500 a month plus expenses. At this time. he requested Council approve the contract for one year. Mr. Gross explained Frey Promotion and Marketing Group has been notified that the Village will not automatically renew their contract. They are now on a month to month basis. He further explained he is in the process of working on Requests for Proposals. which will be done before the end of the week. Regular Council Meeting 11/15/q4 210 Assistant Mayor Blank stated that Resort Tax Revenue has gone down, but expenses have increased. He further stated in his opinion the Village should start balancing the budget. Therefore. the Resort Tax Committee should realize what they are doing when they engage extra Firms. Councilman Hirschl explained the Committee felt this was the wrong time to cut back. but the time to move forward. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve the contract. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 11. Reports and Recommendations: Mayor and Council Councilman Boggess stated when he was reading the minutes of last month's Resort Tax Meeting there was a one sentence paragraph. which said Key Promotion gave the reasons why the Latin American program had not been as successful as anticipated. He further stated the minutes were very vague. and he asked the Village Clerk for more information, but had not received a reply. Mrs. Horton explained she had listened to the tape anc the reasons given were having to start the program late, not having collateral material that was needed to describe Hai Harbour as a destination. the World Cup Soccer Games being held in different parts of the United States. Mr. Gross explained he had reviewed the minutes of the Resort Tax Committee when Key Promotion & Marketing was hired. At that time they stated due to the late start they felt they would not be able to get all the advertising that was desired. Councilman Hirsch] questioned what has happened to the Village':. representation on the Dade League of Cities. Mayor Spiegel explained she resigned from the League because they did not address any issues pertaining to Bal Harbour. Assistant Mayor Blan stated he had attended several meetings and nothing was ever mentioned on Bal Harbour. Discussion followed if the Village should be a member of the League. A motion was offered by Councilman Hirschl and seconded DV Councilman Taplin to participate in the Dade League of Cities anr, the dues be paid. The motion carried with the vote as follows: Mayor Spiegel nay: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye. Mayor Spiegel explained only an elected official can vote on issues. Mr. Gross stated he will attend the meetings with a Council member. He further stated he will convey to Mr. Marchner the concerns of the Council. Mr. Gross explained the Resort Tax Committee is short one member. He further explained he had received two letters. one from the Regular Council Meeting 11/15/94 6 211 Sheraton Bal Harbour and from Mr. \oboa. Manager of Su❑ Bank, expressing desire to serve. Mr. Singh suggested that Mr. Charles Vento. professor at Florida International University. be considered. Discussion followed about the number of meeting Mr. Bouchard had missed and his continued appointment to the Committee. Mr. Weiss explained the procedure defined in the code for removal of a Resort Tax Committee member. Councilman Hirschl stated as Chairman of the Resort Tax Committee he certifies to the Council that Mr. Bouchard has not attend three consecutive meetings. The Council acknowledged the certification. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to appoint Mr. Noboa to serve the unexpirec term of Mr. Bouchard. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess, aye: Councilman Hirschl aye: Councilman Taplin aye. Village Attorney Parkig of Trucks and other Commercial Vehicles: Mr. Weiss explained this item was on the last agenda. and was drafted at the request of the Civic Association. He further explained Mr. Olsen has reviewed the Ordinance and requested one change. which is that trucks be screened from public view. He then proceeded to explain the current noise ordinance should he revised. He further suggested because this must come back as a zoning ordinance. it cnn be passed in the same sequence as the parking of trucks ordinance. Andy Revee, 90 Park Drive, stated his concern is Code Enforcement on parking of vehicles. He requested that Code Enforcement look into the truck parked with a sign of Deco Builders on Park Drive. The Council directed Chief Treppeda to meet with Mr. Revee on thi:, matter. Mrs. Jacomo. 97 Camden Drive, questioned who is responsible for monitoring the outside conditions of the homes in the Village. She explained she is very concerned about the property next door to her. A Civil Violation was issued to this property owner. but she now understands it has been requested the Violation be reversed. Mr. Gross explained the question has to do with the beautification of property, such as grass and plants. There is nothing in the present ordinance that spells out ecactly how trees should be pruned and shaped. He then proceeded to explain the property owner has cut his grass. then proceeded to display pictures of the property that were taken this morning. He continued to explain there is a major difference in the vegetation between Mrs. Jacomo house and the property in question. Mr. Gross explained the reason for the recommendation to the hearing officer was that so many other properties within the Village look just like the property in question. Since certain requirements are not defined in the code. it is a matter of taste. Regular Council Meeting 11/15/94 212 Councilman Hirschl stated he went by the property and there was debris and garbage in the flower beds. He stated this property should be given a violation under the ordinance for unhealthy conditions. Mayor Spiegel suggested that Mr. Olsen, as President of the Civic Association. speak to the owner of the property and invite him to the Association meetings. Mr. Olsen stated he has tried to call the owner and left messages. but his calls are never returned. Mr. Weiss explained the Appearance Code Section 5.5-0 addresses the issues that houses be kept neat. bushes be trimmed. He then proceeded to read this section from the Code. He then continued to explain the necessary procedure that must be taken when a Civil Violation is issued. Mr. Gross stated the property will be checked the day before the hearing. He further questioned if the hearing officer should be contacted or go out and look at property in question. Mr. Weis replied no one should talk to the hearing officer. Since the hearing officer acts as judge, they should rely on the evidence presented by the Code Enforcement Officer. Councilman Hirschl stated every month people arc appearing before the Council with complaints. He further stated that a meeting should be held to educate the Code Enforcement Officers. Mayor Spiegel suggested the Civic Association appoint a committee to check on unsightly appearances in the residential area. Then bring this information to the Police Department. Mr. Olsen stated the Association would be happy to appoint such a committee. Denis McGeary. Bai Harbour Manor. stated the Code Enforcement Officer is not the right one to judge. They should be educated to abide by the Codes. Village Manager Workers Compensation Costs Mr. Gross explained in reviewing the Village's Workers Compensation program and costs he found a number of ways to reduce costs. but continue the level of service. He further explained the current cost is $120.583.00. at this time he recommends the Village contract with GRIT for a managed care program, which will be using the Humana Clinics. The Humana Clinic has two locations near the Village. but in an emergency we can go to the nearest hospital. He continued to explain a committee made up of Chief Treppeda. Village Clerk, Maintenance Man Alonzo ('lark and himself visited the Humana Clinic. The savings to the Village will he 10".; or $12.05S.00. Mr. Gross then proceeded to explain he has written a safety program, and when this program is in place the savings to the Regular council Meeting 11/15/94 S 910 Village wiil be a minimum of $2.150.00. He further explained Chief Treppeda is setting up a Drug Free Workplace Program. Thu savings to the Village will be $4.500.00. He continued to explain with these changes the Village will save a minimum of $18,708.30 this fiscal year. Therefore, at this time he recommends that the Council approve the following: Contract with GRIT through Humana to cover the Villages' Workers Compensation medical claims. Adopt the Safety Program Declare Bat Harbour Village a Drug Free Workplace A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the recommendations. Councilman Hirschl questioned what facility the Village is now using. Chief Trepeeda replied Kenington Clinic located on 163rd Street. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye: Councilman Taplin aye. Benefit and Salary Survey Mr. Gross stated this it::m must be deferred until next month. He explained due to the weather David Griffith representative could not be present. councilman Boggess referred to the recommendation on cost of living, and he would like assurance the cost of living percentage would not be compounding interest. Appointment of New Members for the Architectural Review Board: Mr. Gross explained he has received resumes from three architects who have volunteered to be nominated for the two vacant positions. At this time he wouid recommend to the Council Maria de Leon-Fleities and Paul Buzinec. He further explained both architects are from the south area of Dade County. Therefore, they would have little chance of knowing those who would apply to tae Board. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to appoint Maria de Leon-Fleities and Paul Buzinec to the Architectural Review Board. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin aye. Mr. Weiss explained according to the Code, the Civic Association would nominate one member and the Council one member. He then proceeded to question who was the appointee of the Civic Association. Mr. Olsen. President of the Civic Association, stated their nominee is Maria de Leon -Pieties the Director of Academic Regular Council Meeting 11/15/94 214 Studies at the University of Miant Request to have Traffic Mast Arms Painted Black: Mr. Gross explained at an earlier Council Meeting. the Council withheld making a final decision until Mr. Whitman could clear up the matter of who was going to pay for the painting. The Florida Department of Transportation or the Village. He further stated it has now been verified that the Village will have to pay for the painting. The cost is estimated between $1.100 and $1,200 per mast arms. which are eight in number. He continued to explain the Village would be obligated to maintain the color. He then proceeded to explain the cost of painting would be patd for by Resort Tax Funds. A motion was offered by Councilman Taplin and seconded by Councilman Hirschl to authorize the painting of the mast arms black. Discussion followed. Councilman Boggess stated he does not see mu difference between the black and aluminum mast arms. He then proceeded to question what the Village would be gaining from painting the mast arms black. Mr. Whitman explainer his conversations with Stan Cam. who did get the authorization for the installation of mast arms. He further explained his Landscape Architect recommended the painting of black. which would not take away from the landscaping. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye, Councilman Hirschl aye: Councilman Taplin aye. Minimum Building Permit Fees: Mr. Gross explained the Village's current building permit fee is $35.00. He continued to explain it is now time to increase the Villages fees as most other municipalities in this area have done. At this time he recommends that the Council increase the minimum building permit fee to S55.00 beginning in January 1995. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to adopt the Manager's recommendation. Discussion followed. Councilman Hirsch' questioned why increase the fee to only $55.00 when this would not defray the cost of the building department. He further stated he feels the fee should be increase to a least $100.00. Councilman Boggess withdrew is motion and Assistant Mayor Blank withdrew his second. A motion was offered by Assistant Mayor Blank and seconded b. Councilman Taplin to increase the minimum building permit fee to $100.00 instead of $35.00 The motion carried with the vote follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye. Mayor Spiegel questioned with all the building being done in the Village should the Village have their own Building Inspector. she further explained she has received several complaints aboui inspection. Mr. Gross stated he will look into this matter. Regular Council Meeting 11/15/94 10 215 Mr. Gross explained the Village does not cnarge a fer foe a Certificate of Use/Completion at the present time. He further explained each unit in a condominium requires a separate inspection. He continued to explain in most municipalities a fee for a Certificate of Use or Completion at an average of $65.00. de then proceeded to request the Council pass an ordinance authorizing this fee in the amount of $45.00. A motion was offered by Councilman Boggess and seconded Councilman Hirsch' to authorize a fee for a Certificate Use/Completion in the amount of $50.00. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin aye. Purchase of Computer for Finance Department: Mr. Gross explained the present main computer in the Finance Department is now out -dated. He further explained the computer is very slow and does not have the capacity to hold the new programs and extended memory. He continued to explain after consulting with the Village's outside consultants. we went out for bids. He then proceeded to explain three bids met the criteria and include maintenance for three years. they are as follows: Business Ware $7.963.00 Tresun Corporation $7.272.00 National Dade Products $6.380.47 Mr. Gross stated at this time he is requesting authorization to award the contract to the low bidder. National Data Products. in the amount of S6.380.47. He further explained this item has been budgeted in the amount of S7,300.00 A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to approve awarding the bid to National Data Products in the amount of $6.380.47. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye. Fourth of July Fireworks: Mr. Gross explained it has been the practice of the Village to authorize this contract. He further explained this is clone at this time of year in order to receive the discount offered by zambelli Internationale. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the contract with Zambelii Internationale. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin aye. 12. Other Business: Mr. Olsen stated he attended the Bay Harbor islands Council meeting. and the Council deferred action on Regular Council Meeting 11/15/94 216 the allocation of the S27.000.00. The reason being the Resolution was not prepared. Therefore. this was deferred until their December meeting. 13. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Hirschl to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 12:30 p.m. Ma Estel e Spie_e Attest: Jeanette Horton, CMC/.4AE Village Clerk Regular Council Meeting 11/15/04 12